1. Main Text: Osinbajo, Y. andFogam, K. (1991). Nigerian MediaLaw. Lagos: Gravitas Publishments.

2. The oxford dictionary of current English defines law as: a rule or system of rules recognized by acountry or community as governing theaction of its members 3. Law is an academic discipline Law is a statement of a proven fact Lawis what is made to be broken [the sociology of law] 4. Communication Law has been defined asthe collection or corpus of legalnorms, customs and so forth, whichregulate the collection and disseminationof news, exchange of ideas andinformation generally 5. Common The ancient customary law of the land Precedents which , if conclusive, the courts areLaw bound to follow in related casesStatutory Written law Law enacted by constituted authorities i.e local, Lawstate and federal government Law of Right founded on the laws of nature and moraljustice; fairness Equity The spirit of justice which enables us to interpretlaws rightly 6. The Constitution The Federal laws The laws by state governments By-lawsby local councils or local governments 7. Borrowed/ Received laws International laws 8. Liberty of the press consists in laying noprevious restraints upon publication andnot in freedom from censure for criminalmatters where published. 9. Every man has the undoubted right to laywhat sentiment he pleases before thepublic, to forbid that is to destroy thefreedom of the press; but if he publisheswhat is illegal or mischievous he must facethe consequences of his own temerity.- Blackstone 10. Freedom to gather information, to publish suchinformation gathered to protect the sources of theseinformation;to inform, educate and entertain society withoutdirect or indirect control;to serve as a forum for the free expression ofopinion, to circulate freely without let or hindrance;to publish newspapers, periodicals or operate othermedia without licence or similar restriction;to resist or respond to pressures fromeconomic, political or other interest groupsaccording to its lights. 11. the right to freedom of opinion andexpression; this right includes freedom tohold opinions without interference and toseek, receive and impart information andideas through any media and regardlessof frontiers- article (19) of the UDHR 12. Noprior or subsequent censorship, thatis the freedom to own. Freedom to gather information and theright not to be compelled to disclose thesource of information Freedom to impart. A passive right to receive. Freedom from unreasonable punishmentfor what is published 13. Theinstitution of a free press, that is independent and free of censorship, is an essential element of every free state and modern democracy. The duty of the Press is to keep the citizens informed of the different opinions being expressed so that people can make the political decisions which a democracy demands of them. 14. The principles of freedom of expression,and consequently press freedom, werefirst included in article 19 of the Frenchdeclaration of rights of Man in 1789 andyears later in First amendment of the USconstitution and today, virtually everynation state in the world has more or lessrecognized this in their constitutions. 15. In Nigeria, this guarantees could be traced backto the constitution of 1960 which provided forfreedom of expression under section 24.Subsequently other constitutions have includedthese guarantees, for example:1963 constitution section 25;and 1979 constitution [section 36] retained themand added the responsibility of monitoringgovernance, and freedom to own, establish andoperate media. 16. Presently the constitutional guaranteesare found in chapter 2 section 22;chapter 4 section 39 and 45, of the 1999constitution 17. Chapter 2, Section 22: Obligations of the Mass MediaThe press, radio, television and otheragencies of the mass media shall at alltimes be free to uphold the fundamentalobjectives contained in this chapter anduphold the responsibility andaccountability of the government to thepeople 18. Chapter 4 Section 39, Sub-section 1: right to freedom of expressionEvery person shall be entitled tofreedom of expression including thefreedom to hold opinion and to receiveand impart ideas, and informationwithout interference 19. Chapter 4 Section 39, sub-section 2: rightto private ownership of mass mediaThis section deals with the right ofindividuals to establish and own media andlimits the ownership of broadcast media tothe Federal government and any otherpersons or body authorized by thepresident on the fulfillment of conditionslaid down by an act of the NationalAssembly [Act 55 of 1999]. 20. Chapter 4 Section 45: restriction on andderogations from freedom of the PressSome restrictions to the constitutionalguarantees are recognized here premisedon: maintenance of public safety, publicorder, public morality or public health, aswell as protecting the rights and freedom ofother persons [i.e. privacy]; and wheneverthere is a state of emergency. 21. Concerns about intrusive media reporting were most likely the genesis of the law of privacy. Privacy may be defined as the right to be left alone or a kind of space that a man carries with him into his bedroom or into the street- William O. Douglas & Milton Konvits 22. according to the US privacy law there arefour rights:[a] the right to prevent appropriation or use ofones likeness or name forcommercial gain;[b] the right to prevent intrusion into ones private domain;[c] the right to prevent public disclosure of private facts; and[d] the right to prevent a person beingplaced in a false light to a publicaudience. 23. the components of invasion of privacy are:* window peeping* wire tapping or bugging* unauthorized use of personal letters* eavesdropping* use of names or pictures for ads withoutwritten permission* trespassing to obtain pictures orinterviews 24. The nature of privacy violation ispremised upon the mental feeling of anindividual.It is the dignity of the individual that is atstake not the perception of the public perse. 25. Chapter 4 Section 37 of the 1999 constitutionguarantees the right to privacy as it dwells on theright to private and family life.Chapter 4 Section 37 : the right to private andfamily lifethe privacy of citizens, theirhomes, correspondence, telephone conversationsand telegraphic communication, including letters orother correspondence, is hereby guaranteed andprotected. 26. Peoples privacy may be intruded upon bygovernment or its agents, or the media.The media can be sued for invasion of privacy interms of : portrayal in falselight, appropriation, intrusion andembarrassment.Possible defenses are based on:consent, newsworthiness or public figure inpublic places.Partial defense: oral or implied consent. 27. chapter 4 section 39, sub-section (2)provides the foundation for ownershipand operation of media in Nigeria.it states inter alia: 28. Regulatory Provisions for NewspaperOwnershipThe Newspaper Act 1917 as amended bythe Newspapers (Amendment Act) of 1964are the two main federal regulatorylegislation for establishing and owningnewspaper in Nigeria.Even though some states also have theirown regulatory legislation, they are by andlarge similar to the federal legislation 29. Section 39 (2) of the 1999constitution provides thebasis for ownership andoperation of mass mediain Nigeria. 30. Section 39 (2) of the 1999 constitution states that: every person shall be entitled to own, establishand operate any medium for the dissemination ofinformation, ideas and opinions: provided that noperson, other than the government of theFederation or of a State or any other person or bodyauthorized by the President on the fulfillment ofconditions laid down by an Act of the NationalAssembly, shall own, establish or operate atelevision or wireless broadcasting station for anypurpose whatsoever. 31. The right to ownership of media is onlysubject to the regulatory requirementsfor establishing a newspaper providedunder some Federal and State legislation.To establish a radio or television stationhowever requires a permit or speciallicence. 32. why is special licensing required forbroadcasting?1. The broadcast spectrum belongs toall Nigerians and to operate a station onerequires to be allocated frequencies andthis is best done by a central authority soas to maintain some order. 33. why is special licensing required forbroadcasting?2. Governments the world over earnsrevenue from the allocation offrequencies and these are used forproviding other social services 34. why is special licensing required forbroadcasting?3. Government regulates publicbroadcasting to ensure it is usedresponsibly in the interest of the people.4. Government regulates broadcasting toensure that the media conform to thefundamental objectives of the state, sincebroadcasting is perceived as a powerful toolof mass mobilization. 35. Regulatory Provisions for NewspaperOwnershipThe Newspaper Act, 1917 as amended in1964 provides the main Federal regulatorylegislation for Newspaper in Nigeria.In addition, a few states have their ownregulatory legislation largely identical withthe Federal legislation. 36. Regulatory Provisions for NewspaperOwnershipA newspaper is defined by the Act as:any paper containing publicnews, intelligence or occurrences orremarks, observations or commentsthereon printed for sale and publishedin Nigeria periodically or in parts ornumbers. 37. Regulatory Provisions for NewspaperOwnershipThe provisions of the Act initially appliedto government-owned newspapers, butlater applicable to editors of allnewspapers, as amended 1964. 38. Regulatory Provisions for NewspaperOwnership1. Registration of affidavit and bonds2. Delivery of signed copies3. Establishment of an office4. Appointment of an Editor 39. Regulation of Printing PressPrinting Presses RegistrationAct, 1933The Act requires any person inpossession of a printing press for theprinting of books or papers (as definedin section 2 of the Act) to make adeclaration before a magistrate statingthe true and precise description of theplace where such press is situate. 40. Regulation of Printing PressPrinting Presses RegistrationAct, 1933The Act prescribes a fine of one hundredNaira or an imprisonment for a term ofsix months or both, for failure to makesuch declaration or knowingly makingfalse statements in the declaration. 41. Regulation of Printing PressPrinting Presses Registration Act, 1933Section 4 (1) of the Act requires thatanything printed (books, papers, etc.) mustbear the name and address of the printer,the publisher and the place of publication inlegible characters in English. Failure tocomply carries a fine of one hundred Nairaor six months imprisonment or both. 42. Legal Requirements for Establishing aRadio/Television Station in NigeriaThe main regulatory legislation presently residesin the Nigeria Broadcasting Commission (NBC)Act ( formerly, decree 38, 1992) which providesfor private involvement in broadcasting whichhitherto had been reserved for government.It also provides for the establishment of the NBCand empowers it (the NBC) to issue, renew andrevoke broadcast licences in Nigeria.